Citation NR: 9636756
Decision Date: 12/30/96 Archive Date: 01/06/97
DOCKET NO. 95-15 670 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi
THE ISSUE
Entitlement to service connection for callosities of the
feet.
REPRESENTATION
Appellant represented by: Mississippi Veterans Affairs
Board
WITNESSES AT HEARING ON APPEAL
Appellant; Wife.
ATTORNEY FOR THE BOARD
Julia M. Beach, Associate Counsel
INTRODUCTION
The veteran had active service from December 1973 to May
1974.
This matter came before the Board of Veteransí Appeals
(Board) on appeal from an August 1994 rating decision of the
Jackson, Mississippi, Regional Office (RO). The veteran
testified before a Member of the Board at the RO in September
1996. During the hearing, the issue was clarified to reflect
that service connection was sought for callosities. He is
represented in his appeal by Mississippi Division of Veterans
Affairs.
The Board notes that the claims file reflects various
spellings of the veteranís name. For the sake of uniformity
of the computer record, the Board will use the spelling
reflected in the master computer record of the VA.
REMAND
The veteran contends that he is entitled to service
connection for a bilateral foot disability claimed as
callosities. He asserts that he was first treated for
callosities in service, that they continued since service to
the present time, and that he has self-treated the
callosities over the years.
At his hearing, the veteran reported that he had been
receiving treatment for the callosities of the feet at the VA
Medical Center in Memphis, Tennessee. These records are not
contained within the claims file. The claims file contains
medical records from Dr. Charles E. Hicks. The report of the
initial examination, dated in July 1992, states that the
veteranís symptoms are the results of previous military foot
problems. However, the Board is unable to determine the
basis for the statement.
In light of the foregoing, this case is REMANDED to the RO
for the following action:
1. The RO should obtain all pertinent VA
treatment records pertaining to
callosities of the feet, from the VA
Medical Center in Memphis, Tennessee.
2. The RO should contact Dr. Charles E.
Hicks, D.P.M., 140 North Street, P.O. Box
907, Cleveland, Mississippi, 38732, and
request that he provide the basis for his
statement in the veteranís July 1992
medical record, that the veteranís
symptoms are the results of previous foot
problems, and that he clarify what the
veteranís previous foot problems were.
3. The RO should schedule the veteran
for a VA examination to determine the
nature and etiology of the veteranís
bilateral foot disorder. The claims
folder must be made available to the
examiner for review prior to the
examination. All indicated tests and
studies should be completed and the
findings then reported in detail. The
examiner is requested to provide an
opinion with respect to the etiology of
the veteranís callosities, and state
whether the foot callosities noted in the
1990ís are related to the bilateral foot
callosities in service. A complete
rationale is requested for any opinion
provided.
4. Following completion of the above,
the RO must review the claims folder and
ensure that all of the foregoing
development actions have been conducted
and completed in full. If any
development is incomplete, appropriate
corrective action is to be implemented.
5. If the veteran has additional
evidence or argument, such must be
submitted.
Thereafter, if the issue on appeal remains denied, the
veteran and his representative should be furnished a
supplemental statement of the case and afforded a reasonable
period of time within which to respond thereto. Thereafter,
subject to current appellate procedures, the case should be
returned to the Board.
The Board intimates no opinion as to the ultimate disposition
warranted in this case, pending completion of the requested
development and adjudication. The purposes of this REMAND
are to procure additional information and accord due process.
H. N. SCHWARTZ
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, ß 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. ß 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. ß 20.1100(b)
(1995).
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